The Clean Slate Act & Sealing Felony Records in Summit County
The passage of Colorado’s Clean Slate Act (SB22-099) offers hope for people in Summit County who are living with a felony on their record. While the law automatically seals certain types of criminal records, there are limitations.
If you have a felony conviction in Colorado and you’re seeking a second chance, it’s important to find out how this law applies to your situation. The experienced Breckenridge criminal defense attorneys at Whitaker & Penix, LLC help clients understand your options for cleaning up a criminal record.
Understanding the Colorado Clean Slate Act: SB22-099
Signed into law in 2022 and effective as of July 1, 2024, the Colorado Clean Slate Act aims to automate the sealing of certain eligible criminal records. This means that some records are now sealed without requiring you to petition the court.
What the Law Does
This new process is intended to offer relief to those who have served their sentence and stayed out of legal trouble. SB22-099 aims to reduce employment and housing barriers for individuals trying to reintegrate into society by focusing primarily on low-level offenses. The Colorado Clean Slate Act:
- Automatically seals arrest records that did not result in a conviction.
- Automatically seals petty offenses, misdemeanors, and certain low-level felonies after specific waiting periods without requiring a formal petition.
- Applies retroactively, so individuals with qualifying past convictions may benefit even if their cases are years old.
Felonies Eligible for Automatic Sealing
A limited number of Class 4, 5, and 6 felonies are eligible for automatic sealing under the Clean Slate Act, but only if:
- The person has completed their sentence, including parole and probation,
- The waiting period has passed (generally 8 years from the end of the sentence), and
- No new criminal charges have been filed during the waiting period.
Eligible offenses generally include non-violent, lower-level felonies. For instance, felony possession of a controlled substance may qualify, while distribution or trafficking charges will not.
Limitations on Felony Sealing
There are important limitations for clean slate felony cases:
- Crimes involving violence, sexual assault, domestic violence, or weapons are not eligible for automatic sealing.
- Felony DUI, felony child abuse, and crimes against the elderly or disabled also remain ineligible.
Even for eligible offenses, the process is not completely automatic. Errors in court records or data matching issues can delay or prevent sealing. Because of these limitations, many people still need to file formal motions for sealing, especially if their charges fall outside the scope of the automatic system.
What Is the Difference Between Sealing and Expungement?
Many people use the terms “sealing” and “expungement” interchangeably, but Colorado law treats them differently.
- Sealing means the record is hidden from public view but still exists and can be accessed by law enforcement and certain government agencies.
- Expungement typically refers to the complete destruction of a record, but in Colorado, this is only available in limited cases, like juvenile offenses or arrests due to mistaken identity.
Why Criminal Record Cleanup Still Requires Legal Assistance
The promise of the Clean Slate Act has created hope for many Coloradans, but the reality is that many felony cases still require you to fill out a petition.
Filing for Sealing in Summit County
If your Breckenridge felony case is not automatically sealed, you can still file a motion to seal. But the process is complicated:
- You must determine your eligibility based on the type of conviction, sentence completion, and time passed.
- You must provide the correct documents and court file numbers.
- The court has discretion to deny sealing if it believes public interest outweighs the petitioner’s privacy interests.
Because Summit County courts have unique case flows and prosecutorial attitudes, especially regarding crimes tied to tourism or substance use, it’s essential to work with a local attorney who understands how to prepare a persuasive motion.
How We Can Help
At Whitaker & Penix, LLC, we focus on helping people move forward from past mistakes. Our legal team has extensive experience in record sealing.
Analyzing Eligibility
We review your full criminal history to determine whether your conviction qualifies under the Colorado Clean Slate Act criteria or whether a manual petition is necessary.
Handling the Paperwork
We prepare all necessary court filings, ensuring that your criminal record cleanup effort complies with court rules and state timelines.
Representing You at Hearings
If your sealing requires a hearing, we appear in court on your behalf and present a strong case for why your record should be sealed.
Monitoring Results
Automatic sealing should occur within a year of eligibility, but we track your case to make sure it doesn’t get lost in the shuffle. We’ve seen records that qualify but were missed due to data entry issues or clerical delays.
What Does a Clean Record Mean for You?
Sealing your record can remove significant barriers to:
- Employment – Employers often deny applicants with criminal histories, especially felonies.
- Housing – Landlords can run background checks and deny housing based on criminal records.
- Loans & Licensing – A sealed record can make it easier to access financial aid, professional licenses, and even child custody opportunities.
Reasons to Choose Our Firm
Whitaker & Penix, LLC proudly holds an A+ rating from the Better Business Bureau. Kylie Whitaker and Ehren Penix offer the following advantages to our clients:
- Former prosecutors who understand how the other side thinks
- In-depth knowledge of Summit County courts and processes
- 24/7 availability to answer your questions and explain your options
- A dependable legal team who will guide you every step of the way
Speak With an Experienced Summit County Criminal Defense Lawyer Today
Whether you’re eligible for automatic felony sealing or need help filing a motion, Whitaker & Penix, LLC is here to support your efforts to achieve a clean slate. Let us help you reclaim your future and move forward with confidence.
Call (970) 368-0602 to schedule your free consultation today.